Loading...
HomeMy WebLinkAboutPK2011-0452 - Extension - Harts Gymnastic Center - Spring/Summer Quarter 2011 - 04/18/2011 Records Management , KENT Document WASHINOTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All i portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: IDaIi/d /74,5p c Vendor Number: �2C C S JD Edwards Number Contract Number: / This Is assigned by Deputy City Clerk Description: Class Instruction- Spring/Summer Quarter 2011 Detail: /1�ymr1CS 1 Project Name: n a Contract Effective Date: 3/23/11 Termination Date: 8/31/11 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Tammy Heldt-Pram. Coordinator Department: Parks - Kent Commons i Abstract: t fi i] 1 S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07102 KENT w••M 1~a.a" PERSONAL SERVICES AGREEMENT between the City of Kent and Harts THIS AGREEMENT is made between the City of Kent, Washington unkcipal corporation (hereinafter the "City"), and Harts Gymnastic Center, David Hart organized rider the laws of the State of Washington, located and doing business at 4520 6 St. NW Suite C, Auburn, WA 9 001 (herelna er the "Contractor"). f I. DESCRIPTION OF WORK. I k Contractor shall perform the following services for the City: Spring/Summer Qualrter 2011 1 See Page Two - Gymna (ties Schedule Exhibit A - Insurance and Indel»nity Require ants Contractor further represents that the services furn hed under thi Agreement will be performed In accordance with generally accepted professional practices in effect at the time th se services are performed. i II. COMPENSATION. The City shall pay Contractor the total suml of ( 80%) of class revenue for the work to be performed under this Agreement, upon the City's eterminatkon at the Contractor has satisfactorily completed all services and requirements specified In this Agreement. III. PRESS MATERIALS. Contractor agrees to provide where a propriate, at his or her own costs, complete press materials, including but not limited to black ano white glossy hotographs, biographic descriptions, and program materials, not less than six (6) weeks prior to t e initial event date. All publicity and promotional materials released to the media by the Contractor shall credit the Cityof Kent for,its support of the event or protect. IV. INDEPENDENT CONTRACTOR. The parties I intend that a i Independent Contractor-Employer Relationship will be created by this Agreement and that the in has he ability to control and direct the performance and details of its work, the City being interested cnl in the results ubtamed under this Agreement. V. EVALUATION. The Contractor shall have the authority to co of and direct the performance and details of the contract work, the work must also meet the approval of the Ci y and shall be subject to the City's general right of Inspection and supervision to secure satisfactor l completion. ntractor agrees to cooperate in this evaluation process. i VI. CONTRACTOR'S WORK AND RISK. The Co tractor agree to comply with all federal, state and municipal laws, rules and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engageJ in operations covered by this Agreement or accruing out of the performance of those operations. All work shall bedone at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tclols, or other articles used or held for use in connection with the work. i i i 1 CONTRACTOR SERVICES AGREEMENT (Under S 10,000—Instructor) i I Page Two - Harts Gymnastic Center - David Hart Spring/Summer Quarter 2011 Day and session Mondays March 28 - April 25, May 2-23, May 30 -June 20 June 27 - July 25, August 1 - 22 Tuesdays March 29 - April 19, May 3- 24, May 31 - June 2 , June 28 - Jul 26, August 2 - 23 Wednesday March 30 - April 27, May 4 - 25, June 1 - 22, Jui a 29 -July 27, August 3 - 24 Thursday March 31 - April 28, May 5 - 26, June 2 - 23, Ju lie 30 -July 28, August 4 - 25 Saturday April 2 - 30, May 7 - 28, June 4 - 25, July 2 - 30, August 6 - 27 No Class 4/4 - 4/9 and 7/4 - 7/9 Class Time&Aaes 16 months - 3 months Saturdays - 9:00 - 9:45 i.m. Mondays -10:00 - 10:45 a.m. Ages 3 - 5 years Mondays - 5:00-5:45 p.m. Tuesdays - 6:00 - 6.45 p.m. Wednesdays - 5:00 - 5:45 p.m Thursdays - 6:00 - 6:45 b.m Saturdays - 10:00 - 10:45 a.m. & 11:00 Boys Gymnastics Tuesdays - 6:00- 6:55 p m. Wednesdays - 5:00 - 5:55 p.m. Thursdays - 5:00 - 5:55 .m. Girls Gymnastics Mondays - 6:00 - 6:55 p.m. Tuesdays - 5:00 - 5:55p m. &6:00 - 6: 5 p.m, Wednesdays - 5:00 - 5:5 p.m. Thursdays - 6:00 - 6:55 .m / 5:00 - 5,55 p m. Saturdays - 10:00 - 10: a.m / 11:00 11-55 a.m. Gymnastics Camp Monday - Wednesday - 8 00 - 3:00 p.m. April 4 - 6 Monday - Friday - 8:00 - 3:00 p.m. July 18 - 22 August 15 - 29 I CONTRACTOR SERVICES AGREEMENT (Under SIO,000-Instructor) VIZ. INDEMNIFICATION, Contractor shall defend, in femnlry and h Id the City, its officers, officials, employees, agents and volunteers harmless from any and all claims Injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of Or in connectio with the Contractor's performance of this Agreement, except for that portion of the I juries and da ages caused by the City's negligence. The City's inspection or acceptance of any of Cont actor's work hen completed shall not be grounds to avoid any of these covenants of indemnification. I i The provisions of this section shall survive the expiration or terminatlo of this Agreement. I VIII. INSURANCE. The Contractor shall procur; and malnta}n for the duration of the Agreement, insurance of the types and in the amounts descri ed in Exhibit , attached and incorporated by this reference. i I IX. USE OF CITY MATERIALS. Contractor shal not, withou� prior written approval and permission of the City, use participant roster or related prog am materials for any purpose outside this Agreement Including, but not limited to, solicitation of participants for Contractor's use in competition with City programs. � I X. TERMINATION AND BREACH. Either party) may terminalta this Agreement, with or without cause, upon providing the other party seven (7) calehdar days wri en notice at its address set forth on the signature block of this Agreement. XI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 lof the Kent Cl y Code, the City requires its Contractors to use recycled and recyclable products whenevdr practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the ON to insist upon strict performance of any portion contained in this Agreement, in one or more instance shall not be construed to be a waiver or relinquishment of any of the covenants, agreements or optionslcontained In tl�ls Agreement, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed In accordance with the laws of the State of Washing on. If the pa 'ties are unable to settle any dispute, difference or claim arising from the parties' performs ce of this Agr ement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclu dvely under the venue, rules and jurisdiction of the King County Superior Court, King County, Washingto , unless the parties agree in writing to an alternative dispute resolution process. In any clalim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal cos and attorney's fees incurred in defending or bringing such claim or lawsuit; provided, however, nothin in this paragraph shall be construed to limit the City's right to Indemnification under Section VIII of this greement. D. Written Notice. All communications regarding this Agreement hail be sent to the parties at the addresses listed on the signature page of the Agreement. Any written n tice hereunder shall become effective three (3) business days after the date of mailing b} registered ori certified mail, and shall be deemed sufficiently given If sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of an} of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Instructor) G. Entire Agreement, The written provisions and terms of this greement, together with any Exhibits attached hereto, shall supersede all prior verbal scat ments of any fficer or other representative of the City, and such statements shall not be effective or be onstrued as tering Into or forming a part of or altering In any manner this Agreement. Should an language 1 any of the Exhibits to this, Agreement conflict with any language contained in this Agr ement, the t rms of this Agreement shall prevail. I IN WITNESS, the parties below execute this Agre�ment, which shall become effective on the last date entered below. CONTRACTOR: CITY Or KENT: BY� ��� �ti By:- 6� (stg a�Yre),r sr na ur ) Print Name: t( E1Gic� Print Na e: i Ho Its ©0.3 r"'2f Its• Re r aon ul ervi Su endan Ti e DATE: 4/4�11 (title) DATE: T�— NOTICES TO BE SENT TO: NOTICES TO BE SEN TO: CONTRACTOR: CITY 00 KENT: TammylHeldt - Kent Commons City of nt 220 Fou h Avenue South Kent, W 98032 (telephone) (facsimile) (253) [8�6-5000] (telehone) (253) 85 -6000 (fac Imile) APPRO ED AS TO FO M: Kent C4 Attorney I f P:\Civil\FORMS\CONTRACT\KentNetContracts\ConsultantAgreer�ents\ParksIn4tructorAg r-UnderiOK.doc I I CONTRACTOR SERVICES AGREEMENT-3 (Linder$10.000—Instructor) � i EXHIBI A INSURANCE & INDEMNIT REQUI MENTS FOR CULTURAL PERFO CE AG EMENTS Insurance The Contractor shall procure and maintain for th duration of th Agreement, insurance against claims for injuries to persons or damage t property whi h may arise from or in connection with the performance of the work her under by the ontractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types des ribed below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 an shall cover lia ility arising from premises, operations, indepen nt contractors products-completed operations, personal injury an advertising inj my, and liability assumed under an insured con act. The Coninweial General Liability insurance shall be endorsed to rovide the Ag p7egate Per Project Endorsement ISO ,form CG 25 03 11 85. Thee shall be no endorsement or modification o the Commerc al General Liability insurance for liability arising m explosion, ollapse or underground property damage. The City sh 1 be named as insured under the Contractor's Commercial Gen ral Liability in ance policy with respect to the work performed or the City using ISO additional insured endorsement CG 20 10 1185 or a sub titute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: K 1. Commercial General Liability nsurance shall The written with limits no less than$1,000,000 each occ ence, $1,000, 00 general aggregate and a$1,000,000 products-compl ed operations z ggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, a following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insur as respect the City. Any Insurance, self-insurance, or insurance po l coverage m `ntained by the City shall be excess of the Contractor's insurance aj id shall not cor Ltributc with it. 2. The Contractor's insurance shall be endorsed t state that cov rage shall not he cancelled by either party, except after thirty(3 )days prior itten notice by certified mail, return receipt requested,has been given ta the City. EXHIBIT A (Continued) 3. The City of Kent shall be named as an additi Drial insured or all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additions insured shall be attached to the Certificate of Insurance. The City res rves the right receive a certified copy of all required insurance policies. The Cott actor's Comm rcial General Liability insurance shall also contain a clause stating I hat coverages all apply separately to each insured against whom claim is made or(suit is brought except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a cent A.M. Be rating of not less than A:Vll. I, E. Verification of Coverage Contractor shall furnish the City with original I tificates and copy of the amendatory endorsements, including but not necessarily Lied to the additional insured endorsement, evidencing the insurance requirents of the Cot tractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as in�ureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for subcontractors shall be subject to all of the samJi insurance req 'cements as stated hetein for the Contractor. I i �M� OP ID PRDE CERTIFICATE OF LIABILITY INSURANCE DAT 0110 DIYYYY) 01/06/11 'THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT- If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER 913-498-0200 NAME NTACT Snyder Insurance Services,Inc Snyder Insurance Services,Inc 913-498-0212 PHONE 800-874-6704 FAAc No) 913-498-0212 &Insurasset com,Inc AIC No Ext 8801 Renner Avenue Ste 410 E-MAIL ADDRESS Lenexa,KS 66219 PRODUCER HARTS-2 RAY SNYDER CUSTOMER ID INSURER(S)AFFORDING COVERAGE NAIC# INSURED Harrs Gymnastic Center INSURER Philadelphia Insurance Company 4520 B St.NW Suite C INSURERB National Union Fire Insurance Auburn,WA 98001 INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS EFF INSR TYPE OF INSURANCE BR POLICY NUMBER MM OIDYIYYYY LIMITS LTR GENERAL LIABILITY rPRODUCTS-COMPIOPAGG RENCE $ 1,000,000 A X COMMERCIAL GENERALLIA131UTY X PHPK611952 09/04 0 09/ occunence $ 300,000 CLAIMS-MADE �OCCUR one person) S 1,000 ADV INJURY $ 1,000,00 X Includes Particip REGATE $ 3,000,00 GEN'L AGGREGATE LIMIT APPLIES PER OMPIOPAGG $ 3,000,00 IFCT X POLICY PRO- LOC Emp Ben $ NIA AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIREDAUTOS (Per accident) $ NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC SIMIT OTH- AND EMPLOYERS'LIABILITY YIN T Y L IMITS ER ANY PROPRIETORiPARTNER/EXECUTIVE❑ NIA EL EACH ACCIDENT $ OFFICERMIEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYE $ H yes,descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ B Participant Excess SRG9117117 09/04/10 09104/11 Per Acc 100,00 B Catastrophic Med SRG9124334 09/04/10 09/04/11 10yr Bnf 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarks Schedule,B more space is required) Certificate Holder is listed as an Additional Insured ATIWA. CERTIFICATE HOLDER CANCELLATION KENT-01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Parks,Recreation&Community Toni M Wildoner AUTHORIZED REPRESENTATIVE 525 Fourth Avenue N. - n p Kent,WA 98032 ) "'/ �_ ©1988.2009 ACCORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD